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 03/23/2010 09:01:53 PM · #1
So, I was just sent an e-mail regarding an image that National Geographic Society would like to use for a book. They have confirmed with me that indeed the image will be used. Now they want to know what are my usage rights to the image. I have never been put into a situation quite like this, so I do not know what to do.

This is a portion of the e-mail that I am confused about what to do:

Could you please let me know the best
way to discuss usage for a chapter page (in the book). NGS has a rights and releases for that
I can send you as well.

So are they keeping the rights....does that mean exclusive rights? I don't want to charge them an amount that is unfair, however, I would love to make a few additional dollars if possible. What am I looking at here? I am in need of your opinions?

By the way, the image that they want to use was found on 1x. I spoke with an editor at NGS and they told me that they frequent that site often looking for images.
 03/23/2010 09:15:32 PM · #2
You would have to read the release and see what it actually says. Sometimes they want the rights to use it in whatever way they wish (with credit to the photographer which would be you) and you keep rights too but may be restricted for a time from selling it to any competing use. I have never read any of their releases before so could not comment on their actual policy. I would inquire as to what terms they are asking for.
 03/23/2010 09:23:29 PM · #3
I have no advice, but I did want to congratulate you!
 03/23/2010 09:25:33 PM · #4
Originally posted by JokersSoul:
I have no advice, but I did want to congratulate you!

Ditto! I hope it happens for you. Be sure to keep us informed.
 03/23/2010 09:29:48 PM · #5
I would be pretty happy to have received this email. I would negotiate a good price and just let them have the rights to it. Imagine the exposure you will get!
 03/23/2010 09:34:53 PM · #6
Originally posted by njsabs:
This is a portion of the e-mail that I am confused about what to do:

Could you please let me know the best
way to discuss ...

Send them an email with your phone number and a convenient time for someone to call you and discuss the matter. Obviously, the terms are negotiable. You can go to a stock agency like Alamy, Corbis, or Getty and check out pricing for the specified use(s) and time. You can also check the Stock Photo Price Calculator.
 03/23/2010 10:11:29 PM · #7
firstly: CONGRATULATIONS!!

secondly: it sounds like they are or will upon request send you their usage rights request and are willing to discuss it with you. I doubt it involves you giving them ALL rights in perpetuity, but more likely spells out precisely how they plan to use the image: their cost (your price) will be lower if the rights are specific and more limited. They seem open and professional in their comms, so ask them to send you the standard NGS releases, and a name/phone/time you can call after you have reviewed them. You can ask better questions (and likely fewer) once you have seen their normal releases.

thirdly: CONGRATULATIONS!!!!
 03/24/2010 01:42:56 AM · #8
Thanks for your responses. I have asked to look over the rights and releases. I am not sure what is negotiable at this point.....and what are the terms for the use of the image. Thanks again, I will keep you posted as to what happens.
 03/24/2010 01:49:51 AM · #9
Many congratulations! I'm very happy for you.
 03/24/2010 03:00:18 AM · #10
It's incredibly exciting! I'd say go for it, whatever the terms. But then again, I think National Geographic has such incredible photography, I'd think the bragging rights alone would be worth it. (but I'm naive and excitable.) :D

congrats!!
 03/24/2010 04:07:02 AM · #11
first, HUGE congrats! very nice to be recognized, especially by such a visible publisher.

second, as paul suggested, use some of the other stock agencies to try to get value for licensing the image to them. i'm guessing a chapter page means a full-page size, which is worth a lot more than a quarter-page size.

next, ask them what they normally budget for this. if it's more than what you were thinking, great! if it's less, you'll have to decide if you want to ask them for more (and it never hurts to ask).

typically, publications are looking for two things: exclusive use for a specified period of time, and the right to use the image not only in the publication, but also in the marketing of the publication. these things also drive the license fee up a bit.

you might want to look through some of their other books and contact some of the other photographers that have been published and ask them for some guidance.

good luck!
 04/01/2010 02:37:02 PM · #12
So this is the Terms and Conditions for the image that they want to use for a book from National Geographic:

1. Worldwide Language Rights. Publication in all print or digital editions of the Project with the following rights: non-exclusive, worldwide, in all language editions. Appearance of an Image in the English-language edition may occur at a different time than publication of a local language edition of the Project.

2. Promotion Rights. The right to use the Image as it appears in the Project, to promote the Project, worldwide, for the life of the Project, in all media now known or hereinafter known or developed. NG is expressly authorized to allow third party online booksellers to use the Image in online features that enable visitors to view and search through Projects being sold online, worldwide in perpetuity. NG may also use the Image, separate from the context of the Project in which it appears (“Stand Alone Use”), solely to promote the Project, worldwide, for the life of the Project.

3. Online Extension. NG may use the Image on any “National Geographic” branded web page: one-time, non-exclusive, worldwide, in any and all languages (though no more than one time in each language in the same territory), and solely as an editorial extension of the Project (“Online Extension”). NG may use an Image any where on any “National Geographic” branded web site or a “National Geographic” branded website and third party co-branded website in perpetuity (the “Website”) as a link to web pages on the Website that contain the Image.

4. No Modification. Except for color correction, digitizing or cropping, NG will neither make nor permit any modifications to or alterations of the Image by use of computer or other electronic means or any other method or means now or hereafter known, unless otherwise agreed in writing by you.

5. License. NG may license and sub-license to third parties any of it rights hereunder as necessary to use the Image as set forth in these Terms for the license of such Image; provided, any Image licensed pursuant to these Terms may only be used in the Project and such Project shall always carry an NG trademark and be subject to NG’s final editorial control as pertains to use of the Image.

The higlighted area is a bit confusing to me. They can sub-lincense to third parties which exactly means what? They sell it as an National Geographic image and retain any profits from the image? As long as they use it as a "National Geographic" image do they have the right to do what they would like with the image? Can anyone please help? Thanks so much....it is very appreciated.
 04/01/2010 02:52:21 PM · #13
Originally posted by njsabs:

5. License. NG may license and sub-license to third parties any of it rights hereunder as necessary to use the Image as set forth in these Terms for the license of such Image; provided, any Image licensed pursuant to these Terms may only be used in the Project and such Project shall always carry an NG trademark and be subject to NG’s final editorial control as pertains to use of the Image.[/i]

The higlighted area is a bit confusing to me. They can sub-lincense to third parties which exactly means what? They sell it as an National Geographic image and retain any profits from the image? As long as they use it as a "National Geographic" image do they have the right to do what they would like with the image? Can anyone please help? Thanks so much....it is very appreciated.


What they are saying indirectly, methinks, is that they use third parties to do stuff like host websites and whatnot. They need to sub-license the image so that these parties can legally use it. Use apparently is constrained to the "project" so it's not like they are re-selling it, just transferring license for use.
Overall, the terms look like something that I'd accept if it were my image. Key thing is that they are not after exclusive use.
 04/01/2010 05:17:56 PM · #14
Originally posted by kirbic:
Originally posted by njsabs:

5. License. NG may license and sub-license to third parties any of it rights hereunder as necessary to use the Image as set forth in these Terms for the license of such Image; provided, any Image licensed pursuant to these Terms may only be used in the Project and such Project shall always carry an NG trademark and be subject to NG’s final editorial control as pertains to use of the Image.[/i]

The higlighted area is a bit confusing to me. They can sub-lincense to third parties which exactly means what? They sell it as an National Geographic image and retain any profits from the image? As long as they use it as a "National Geographic" image do they have the right to do what they would like with the image? Can anyone please help? Thanks so much....it is very appreciated.


What they are saying indirectly, methinks, is that they use third parties to do stuff like host websites and whatnot. They need to sub-license the image so that these parties can legally use it. Use apparently is constrained to the "project" so it's not like they are re-selling it, just transferring license for use.
Overall, the terms look like something that I'd accept if it were my image. Key thing is that they are not after exclusive use.


Thanks for your response. I appreicate it greatly. I am confident that I am going into a contract that is fair and correct.....after all, National Geographic has been around awhile. Just unsure of terms of use....but wanted to fully understand what I was reading. Thanks again so much.
 04/01/2010 05:48:50 PM · #15
Listen to Skip. His advice is great. The license agreement as I read it is fair and not overly restrictive. I don't read anywhere that you cannot use it for other purposes or commercial ventures.
 04/01/2010 05:53:49 PM · #16
Jennifer... huge congrats!!! with your creativity and skills, you deserve this for sure... really happy for you... :)
04/01/2010 06:19:33 PM · #17
This is the picture they are using. It will be in a published children's book for National Geographic Society entitled: A Classic Collection of Childhood Wonders.
SuperBoy
 04/01/2010 06:29:41 PM · #18
and, again Congrats and WOO HOOOOOOO!

some fantastically positive news really helps today :-)

WELL DONE and WELL DESERVED
 04/01/2010 09:53:00 PM · #19
Originally posted by chromeydome:


WELL DONE and WELL DESERVED


Couldn't have said it better myself. Huge congrats!
 04/01/2010 09:56:33 PM · #20
Originally posted by njsabs:
This is the picture they are using. It will be in a published children's book for National Geographic Society entitled: A Classic Collection of Childhood Wonders.
SuperBoy

Great image, congrats again.
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